Obtaining a Notarized Affidavit of Loss in the Philippines

An Affidavit of Loss is a sworn written statement attesting that a document, card, certificate, or chattel is missing and could not be found despite diligent efforts. It is commonly required by government agencies, banks, schools, and private institutions before they issue a replacement or take other remedial action.

This article explains, in Philippine context, what it is, when it’s needed, who can execute it, how to draft it, and how to have it notarized, plus practical tips, pitfalls, and a ready-to-use template.

1) When do you need an Affidavit of Loss?

Typical scenarios include replacement or reissuance of:

Government IDs (e.g., PhilID, postal ID, SSS/GSIS/UMID, PRC ID, driver’s license)
Passports (as part of DFA requirements), school IDs, company IDs
Bank items (ATM/debit cards, passbooks, checkbooks, manager’s checks/cashier’s checks)
LTO documents (Certificate of Registration [CR], Official Receipt [OR], license plate/s), vehicle stickers and gate passes
Academic records (diploma/Transcript of Records reprint requests)
Professional or business documents (PRC card, BIR Certificate of Registration, business permits)
Corporate records (stock certificates, share scrip, official receipts)
Property documents (insurance policies, appliance warranties, delivery receipts)
SIM replacement, building/condominium access cards, membership cards

Note: Some agencies will additionally require a police blotter/report or other supporting proofs. An Affidavit of Loss is not a criminal complaint; it is a sworn narrative used for civil/administrative processing.

2) Affidavit of Loss vs. other affidavits

Affidavit of Loss: states facts of loss and efforts to locate; used to request replacement or to protect against misuse.
Affidavit of Loss with Undertaking: adds promises (e.g., to return the original if found) or indemnify the issuer.
Joint Affidavit: two affiants attest to the same loss (used if the person with primary knowledge is unavailable, or to bolster credibility).
Acknowledgment vs. Jurat: An Affidavit of Loss is ordinarily notarized by jurat (affiant swears/affirms to the truth and signs before the notary). Use acknowledgment only if the recipient expressly requires it.

3) Who can execute it?

Individuals: The person who lost the item is the affiant.
Minors/Persons under guardianship: Parent or legal guardian signs and explains capacity and relationship.
Corporations/Partnerships: An officer/authorized representative signs for and on behalf of the entity (attach Secretary’s Certificate/Board Resolution or SPA, as applicable).
Representatives: If someone else must process the replacement, they may present Special Power of Attorney (SPA), but the affidavit of loss is best signed by the person with direct knowledge.

4) Elements your affidavit should contain

Affiant’s identity: full name, citizenship, civil status, age, and residence address.
Item/document details: description precise enough to identify (e.g., ID type, number, issuing authority, date of issue; for checks: bank, branch, check number, amount, payee, date).
Circumstances of loss: when, where, and how it went missing; whether it was misplaced, stolen, or destroyed (e.g., fire/flood).
Diligent search: efforts made to locate (retraced steps, contacted lost-and-found, notified bank, asked building admin, etc.).
Status & non-use: state that the item has not been found or used; that it is not pledged, assigned, or encumbered (where relevant).
Purpose: e.g., “for replacement” or “for bank’s records.”
Undertakings/indemnities: promise to surrender the original if found and hold the issuer free and harmless from claims.
Truth attestation: the affiant declares statements are true and correct based on personal knowledge.
Jurat: the notary’s certificate indicating personal appearance, oath/affirmation, date/place of notarization, and notarial seal.

5) How to draft and notarize (step-by-step)

A. Drafting

Use clear, factual language. Avoid speculation.
Include serial numbers, account numbers, plate numbers, and dates where possible.
If the document was stolen, say so; agencies may require a police report.
Prepare at least two originals; some recipients require the original with wet ink and embossed seal.

B. Prepare IDs and supporting papers

Bring one (1) valid government ID with photo and signature; if not available, bring two credible witnesses personally known to the notary, each with valid IDs (competent evidence of identity).
Bring any photocopy or photo of the lost item if available, receipts, or issuing records (these are not mandatory for notarization but help credibility and replacement processing).

C. Personal appearance before a notary public

Sign the affidavit in the notary’s presence (do not pre-sign).
The notary will verify identity, administer the oath, have you sign, then complete the jurat, enter the act in the notarial register, and affix the seal.

D. Fees and taxes (typical, non-binding)

Notarial fee: commonly ranges from modest amounts in LGU halls to higher fees in law offices; varies by city/complexity.
Documentary Stamp Tax (DST): Many affidavits carry DST (commonly a fixed, low amount) affixed via adhesive stamps or paid through authorized channels. Bring small cash; requirements and rates can vary by locality and the recipient’s compliance protocols.

Practical tip: Ask the recipient (bank/agency) exactly which notarization they want (jurat vs. acknowledgment), whether they require DST, a police report, or extra undertakings, and how recent the affidavit must be (often within the last 3–6 months).

6) Special notes by use-case

Bank cards/passbooks/checks: Include date/time of loss and immediate steps taken (hotline call, card blocking). For lost checks, specify check number, amount, payee, date, and include a clear stop-payment request to the bank (some banks require a separate form).
Driver’s license / LTO OR/CR: Affidavit often accompanies application for duplicate; some LTO offices require additional documents (e.g., photocopy of lost license if available, police report if theft is claimed).
Passport: For loss, DFA requires specific forms and may impose additional processing time; your affidavit should match your DFA loss narrative.
PRC ID / school records: Schools and PRC may have their own affidavit formats—use those if provided.
Stock certificates: Loss affidavits are typically paired with indemnity bonds and board approvals.
Land titles (owner’s duplicate): An affidavit may be part of a reconstitution/replacement proceeding, but judicial/administrative processes under land registration laws apply—this goes beyond a mere affidavit. Seek counsel.

7) Validity period and number of copies

Affidavits generally do not expire, but recipients often require they be recent (e.g., executed within the last 90–180 days).
Prepare 2–3 original copies and several photocopies. Keep one original for your records.

8) Common pitfalls (and how to avoid them)

Pre-signing the affidavit before meeting the notary → Always sign in front of the notary.
Wrong notarial form (acknowledgment used instead of jurat) → Confirm the recipient’s requirement; default to jurat for affidavits.
Insufficient identity evidence → Bring a valid government ID; if none, arrange two credible witnesses with IDs.
Vague descriptions → Include numbers, dates, and identifiers.
No undertakings → Add return/indemnity clauses; banks and issuers expect them.
DST overlooked → Ask if the recipient requires stamps affixed to your copy.
Old affidavit → Re-execute a fresh one if the recipient requires recency.
Mismatched narratives → Ensure the affidavit matches any police blotter or agency forms.

9) Data privacy and risk management

Affidavits can include sensitive identifiers; avoid unnecessary personal data.
Redact your copy before wider use.
Notify issuers immediately to block accounts/cards and prevent misuse, then follow up with the affidavit.

10) Template: Affidavit of Loss (Jurat)

(Place your text on clean A4 bond paper. Replace bracketed fields.)

AFFIDAVIT OF LOSS

I, [Full Name], Filipino, [single/married/widowed], of legal age, with residence at [Address], after having been duly sworn in accordance with law, depose and state:

That I am the lawful holder/owner of [describe item/document: e.g., SSS ID No. ______ issued on ______].
That on or about [date/time], at [place], I discovered that the aforesaid [item/document] was [lost/misplaced/stolen/destroyed by fire/flood] under the following circumstances: [brief, factual narrative].
That despite diligent search and efforts to locate the same, including [state efforts: retracing steps, contacting establishments, notifying issuer, etc.], the said [item/document] remains missing and cannot be found.
That the said [item/document] has not been pledged, assigned, or encumbered to any person or entity, and to the best of my knowledge has not been used by any unauthorized person.
That I execute this Affidavit to attest to the foregoing facts and for the purpose of [replacement/reissuance/record updating with: name of agency/bank].
That should the original [item/document] be found hereafter, I undertake to immediately surrender the same to [agency/bank] and to hold it free and harmless from any and all claims arising from the loss and reissuance.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city/municipality, province], Philippines.

[Affiant’s Printed Name] [Government ID type & number, date/place of issue]

JURAT

SUBSCRIBED AND SWORN to before me this [date] at [city/municipality, province], affiant personally appeared and exhibited [ID type and number, date/place of issue] as competent evidence of identity, and acknowledged that the foregoing Affidavit is true and correct to the best of his/her knowledge and belief.

Notary Public Doc. No. ____; Page No. ____; Book No. ____; Series of ____.

Notes for the notary: Use your official commission details and seal as required. Replace with your standard jurat block if different.

11) Frequently asked questions

Q: Can I have someone else sign for me? A: If they lack first-hand knowledge of the loss, their affidavit carries less weight. Prefer the person with direct knowledge. If representation is necessary, provide an SPA; some agencies still require the principal’s own affidavit.

Q: Is online/remote notarization allowed? A: The default rule is personal appearance before the notary. Any remote arrangements depend on current rules and local practice; confirm beforehand. When in doubt, appear in person.

Q: Do I need a police report? A: Not for all losses. But if theft is alleged, or for certain replacements (e.g., passports, vehicle plates), a police report is commonly required.

Q: English or Filipino? A: Either is acceptable. Use the language you best understand; ask for a translation if needed.

Q: How many originals? A: Prepare two or more; some offices retain an original.

12) Final reminders

Verify exact recipient requirements (format, jurat/acknowledgment, DST, supporting documents, recency).
Bring valid IDs (and credible witnesses if needed).
Keep copies and tracking/reference numbers from agencies or banks for follow-ups.
For high-value documents (e.g., stock certificates, land titles), consider consulting counsel to structure undertakings and safeguards appropriately.

This material is for general information in the Philippine setting and is not a substitute for tailored legal advice on your specific facts.